The Voter A Publication of the League of Women Voters of Seattle-King County N ovember 2015 Vol. 57, No. 4 Amending the United States Constitution UNITED STATES CONSTITUTION, ARTICLE V: “The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all interests and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three-fourths thereof, as the one or two other mode of ratifications may be proposed by the Congress.” This year, Leagues across the United States are participating in two League of Women Voters of the United States (LWVUS) national studies under the general topic, “Structures of Democracy.” The two studies were adopted at the LWVUS convention in 2014. The first, an update to the League’s campaign finance positions, “Money in Politics,” was addressed in last month’s edition of the Voter, as well as at the forum and at unit meetings. The second is a study of the process of amending the Consititution. This will be the topic of our November 5th forum and the November unit meetings. Neither the LWVUS nor our local League have positions in regard to amending the US Constitution. The process to amend is defined in Article V of the US Constitution. Through this study and consensus reports from Leagues across the country, the LWVUS intends to develop guidelines for how the League should evaluate the risks and necessities of constitutional amendment proposals, develop guidelines for considering Article V constitutional conventions, as well as the process of moving an amendment from state legislatures on to require Congress to address the issue. LWVUS has stated that we need a definitive position about using the amendment process before the League can eval- uate its response to particular social, cultural and political realities of the present and the future while balancing our process and other positions. Why this study now? The issue of amending the Constitution to mandate certain views on controversial issues has arisen frequently in recent years. Since the 1970s, at least 11,000 amendments have been proposed – although since 1787, only 27 in total have been adopted and enacted. Some of the recent issues raised as possible constitutional amendments include balanced budgets, reproductive rights, marriage, and campaign financing. Many groups of citizens have advocated amending the Constitution in reaction to the US Supreme Court decision in Citizens United that overruled most campaign finance regulation of the 20th Century. Those efforts served as a catalyst for this study. As members of the League, we are committed to being informed voters – and to informing other voters. We need to understand what amending the US Constitution would mean to our 239 year-old representative democracy. The LWVUS has provided much material for this study via its website at forum.lwv.org. The Program Committee has reviewed these nationContinued on page 6 The League of Women Voters of Seattle–King County, 1620 18th Avenue, Suite 101, Seattle, WA 98122, phone: 206-329-4848 2 The Voter November 2015 Contents President’s Message..........................................3 Calendar..............................................................4 Forum Schedule.................................................5 Board Briefs........................................................5 Committees........................................................7 King County Connects Eastside Holiday Party...............................8 Great Decisions..........................................8 Updates from State and National LWV Olympia and Our Washington.................9 National News............................................9 Action................................................................10 Voter Service....................................................11 Membership News..........................................12 Features Transportation Committee Report.....15 Book Review.............................................16 Program Constitutional Amendment Study.......17 Unit Meetings...................................................33 Board and Committee Contacts.................35 Contact Information President: Amanda Clark The Voter Editor: Katie Dudley League of Women Voters of Seattle-King County 1620 18th Avenue, Suite 101 Seattle, WA 98122 Phone: 206-329-4848 [email protected] www.seattlelwv.org Office Hours: Weekdays, 9:30 a.m. – 3:30 p.m. League of Women Voters of Washington 1402 Third Avenue, Suite 430 Seattle, WA 98101 206-622-8961 [email protected] www.lwvwa.org League of Women Voters of the United States 202-429-1965 [email protected] www.lwv.org Postal Regulations The Voter is published monthly except June and August by the League of Women Voters of Seattle - King County, 1620 18th Ave, #101, Seattle, WA 98122. Periodicals postage paid at Seattle, WA. Postmaster: Send address changes to The Voter: 1620 18th Ave, Suite 101 Seattle, WA 98122 The Voter (ISSN 0888-8841) 3 Leadership The Voter November 2015 Connecting with the Leadership We usually think of January as a blank slate and the time for looking forward, but lately, I’ve been thinking that November, with Election Day, can also be a time for new beginnings, whether for good or bad. A new Seattle City Council will be elected by district, possibly changing the way the Council governs. On the national front—and in some local races as well—there seems to be frustration with the status quo and a desire to move in new directions—consider the rise of such disparate candidates as Donald Trump, Ted Cruz, and Bernie Sanders. of corporations and other groups to influence our Congressional representatives are, primarily with money — this has been going on since at least the 19th century. Until now, good government groups managed to enact campaign finance rules that helped limit the funds and influence of these groups, but Citizens United has even defeated many of these efforts. The Citizens United Committee has put together a “toolbox” for us to use for background information for forums, in communications, and as a resource guide (http://www.lwvwacustudy.org/). Because so many people have been so outraged by the Citizens United deciIn many cities around the region, from sion, a movement has begun to repeal Seattle to Sammamish, council racit by constitutional amendment. The es pit slow-development candidates League of Women Voters of the US against pro-development candidates. currently has no position on amendThe outcome of these races could iming the Constitution, so they have pact how the region copes with and asked all local Leagues to participate reacts to growth for years to come. in a forum about it and to answer the Amanda Clark consensus questions. I was surprised I think this frustration has given rise to an at- by how complicated and difficult the issue is, as titude that we should “throw the bums out” all you will see while you read the cover article and across the country. Voters see how much money other material in this month’s Voter. is raised by Super PACs that don’t have to reveal their sources. Most of the money goes to estab- In the meantime, our League has been busy lished politicians, which has given rise first to working to educate voters. Over the last couple the Tea Party, and now, to candidates with no of months, we spoke about ballot issues to many experience at all of serving in elected office. different audiences and sponsored or moderated several different candidate forums. Educated The Supreme Court’s Citizens United decision and knowledgeable voters are one of the best has opened the eyes of voters, who have come means of fighting back against those who would to believe their votes don’t count. Interesting- buy your vote or try to suppress your vote. ly, when you think about it in financial terms, it makes your vote count more —just think of We like to think that we can take a rest after the how much money is going into buying your one November elections, but no such luck. We have vote! In spite of all the money pouring in to in- an Action Workshop planned for November 21, fluence the way you that vote, your vote counts with the theme of Creating a Progressive Tax just as much as Warren Buffett’s. System. The workshop should give you ideas for communicating with your legislators about Our October forum opened our eyes to just issues of import to League. December and the how pervasive and long-standing the attempts holidays are slower, but our program planning Continued on page 6 4 Calendar The Voter November 2015 November Sunday Monday 1 Tuesday 2 Wednesday 3 Thursday 4 9 Saturday 5 6 Forum: Amending the Constitution 7:00 p.m. Internt’l Relat. Comm. 12:45 p.m. 8 Friday 10 11 Board Meeting 9:00 a.m. 7 12 13 14 19 20 21 VETERAN’S DAY (office closed) 15 16 17 18 Transportation Comm. 10:00 a.m. 22 23 24 Climate Change Comm. 10:00 a.m. 25 Legislative Action Workshop in Bellevue 26 27 28 THANKSGIVING THANKSGIVING HOLIDAY HOLIDAY (office closed) (office closed) 29 30 December 1 2 3 4 6 7 8 9 10 11 Internt’l Relat. Comm. 12:45 p.m. Board Meeting 9:00 a.m. 5 12 Eastside Holiday Party 11:30 a.m. Units meet during shaded period NOVEMBER December Voter Deadline Monday, November 9 Board Meeting Saturday, November 7 9:00 a.m. League Office International Relations Committee Monday, November 2 12:45 p.m League Office Climate Change Committee Thursday, November 19 10:00 a.m. League Office Forum: Amending the Constitution Thursday, November 5 7:00 p.m. Seattle First Baptist Church Transportation Committee Tuesday, November 17 10:00 a.m. League Office Legislative Action Workshop Saturday, November 21 9:30 a.m. St. Andrews Church 2650 148th AVE SE, Bellevue See page 10 for details DECEMBER January Voter Deadline Monday, December 7 No Forum this month. Board Meeting Saturday, December 5 9:00 a.m. League Office International Relations Comm. Monday, December 7 12:45 p.m League Office Eastside Holiday Party Tuesday, December 8 11:30 a.m. See page 8 for details 5 The Voter November 2015 Forum/Board Briefs Forum Schedule Sept 10 - General Election Oct 1 - Money in Politics Nov 5 - Constitutional Amend. Study Jan 7 - Program Planning Feb 4 - Media’s Role in Gov’t Mar 3 - Carbon Pricing Apr 7 - Death Penalty The League of Women Voters of Seattle-King County (LWVS-KC) presents a public forum most months between September and May, generally on the first Thursday of the month at 7:00 p.m. Most forums are held at the Seattle First Baptist Church, but occasionally they are scheduled at other locations and times. The tentative schedule of forums for 2015 appears at left; check The Voter each month or the LWVS-KC website, seattlelwv.org, for up-todate information. Past forums are frequently televised and can be accessed from the resources page of the website. Board Briefs by Dora Taylor, Secretary The League of Women Voters of Seattle-King County and Education Fund Boards met on October 3, 2015. This is a summary of their work. Two events to look for in the coming months are the Constitutional Amendment forum in November, to be held at the Seattle First Baptist Church, and a forum in the spring on the topic of climate change. Paneen Davidson and Ginna Owens were approved by the Board to be on the Nominating Committee. There is still a need for a person to head a Social Justice Committee as well as a Civics Education Committee. It was clarified that these committee Chairs do not need to be Board members. During the September board meeting, the board decided to request estimates from web design companies to update the LWV King County website Zara Kublin is waiting for estimates from at least one other design firm and should have the numbers ready to present at the November meeting. Amelia Woolley, Voter Services Chair, shared that the ballot issue summaries are done and are being edited now. Voter registration is also complete and there are several requests for speakers. In the absence of Treasurer Cindy Piennett, Amanda presented a plan to invest our money in a Morgan Stanley account. Morgan Stanley would administer it according to our directions. Some Board members had questions, so the board moved to table the decision until next month. On the election front, there will be some early discussions after the first of the year: There will be a major maintenance and operations school levy in February. The board will discuss that and the initiative (I-123) to build a park on the old viaduct at its January meeting. January is also program planning time, so begin thinking about what issues you would like to see addressed. 6 Leadership The Voter November 2015 Leadership continued: Cover article continued: forum is in early January. Now is time to start al materials and has selected those materials thinking about what you want us to focus on for that reflect the history and various viewpoints of the next year. constitutional scholars on the amendment process. Constitutional scholars have very different Hindsight gives us the perfect vision we need views about whether to amend the Constitution. to look back and see how the past has impacted Because one method is to call an actual Constithe current actions of our government, but it’s tutional Convention, there are serious concerns important to look ahead and see what we can about how an Article V Constitutional Convendo to continue the League’s important work of tion would actually be conducted, and what limeducating voters to pay attention and care about its, if any, there would be on its ability to offer protecting their votes. amendments to the Constitution. The scholars also differ on the role of the Courts in interpreting the US Constitution. The Voter materials include articles on these two views. As it stands now, five justices of the Supreme Court can and have reinterpreted 50 years of precedent estabAmanda Clark lished by previous courts’ interpretations of the President Constitution. Also included in this Voter is a condensed version of a longer LWVUS Constitutional Amendment Guide, with consensus questions included. Keep the consensus questions in mind as you do your reading. Please read the materials included with this Voter – and more from the national website if you wish. Then attend the forum on November 5 at 7:00 pm at the Seattle First Baptist Church. Mission Statement The League of Women Voters of Seattle-King County, a nonpartisan political organization, encourages informed and active participation in government, works to increase understanding of major public policy issues and influences public policy through education and advocacy. 7 Committees The Voter November 2015 Committees Climate Change Committee DATE: Thursday, November 19 TIME: 10:00 a.m. PLACE: League Office Economics and Taxation Committee DATE: NOT MEETING THIS MONTH TIME: 9:30 a.m. PLACE: 909 E. Newton #D-9, Seattle Next meeting will be December 12. Education Committee DATE: NOT MEETING THIS MONTH TIME: 11:00 a.m. PLACE: League Office We encourage participation in our committees by all interested members. It’s a great opportunity to meet and talk to community leaders, stakeholder organizations, and experts where you can have direct input on local issues that affect you. Don’t see a committee that covers your issue? Call the office and let us know. Sometimes people are working more informally without regularly scheduled meetings. If so, we may be able to help connect you with them or help you start your own. Nest meeting will be December 10. International Relations Committee DATE: Monday, November 2 TIME: 12:45 p.m. PLACE: League Office Transportation Committee DATE: Tuesday, November 17 TIME: 10:00 a.m. PLACE: League Office Diversity Policy The League of Women Voters of Seattle-King County (LWVS-KC), in both its values and practices, affirms its beliefs and commitment to diversity and pluralism, which means there shall be no barriers to participation in any activity of the League on the basis of gender, race, creed, age, sexual orientation, national origin or disability. LWVS-KC recognizes that diverse perspectives are important and necessary for responsible and representative decisionmaking. LWVS-KC subscribes to the belief that diversity and pluralism are fundamental to the values it upholds and that this inclusiveness enhances the organization’s ability to respond more effectively to changing conditions and needs. LWVS-KC affirms its commitment to reflecting the diversity of Americans in its membership, board, staff and programs. 8 Announcements The Voter November 2015 King County Connects — Announcements Happy Holidays All Eastside members are invited to come (and bring a prospective member!) to the annual Eastside Holiday Party, Tuesday, December 8, hosted by the Issaquah unit. It will begin at 11:30 a.m. at St. Michael and All Saints Episcopal Church, 325 SE Darst St. in Issaquah. If you would like to attend, please RSVP to Susan Cotterell at 425-392-6803 or [email protected]. Suggested donation, $8 per person. Great Decisions for 2016 Beginning in February 2016, members of the Seattle-King County League of Women Voters will be gathering to discuss these eight topics selected by the Foreign Policy Association: Middle East The Rise of ISIS The Future of Kurdistan Migration The Koreas The United Nations Climate Change Cuba and the U.S. More details about the program and how to order the briefing book will be in the December Voter. In Seattle, contact Rosalie McCreary at 206-687-7415 or [email protected] with any questions, or to discuss the program. The Voter November 2015 9 State and National Updates Updates from our State and National Leagues All members of the LWV of Seattle-King County are also automatically members of the LWV of Washington and the LWV of the United States, whose work focuses on issues of state and national concern, respectively. Be sure to sign up for weekly email newsletters and/or visit their websites: www.lwvwa.org and www.lwv.org for the latest information. Olympia and Our Washington National News Action workshops are top of the list of LWVWA activities at the moment. See details and sign up on the following page. The Vote411.org team is wrapping up its five month effort to bring reliable and comprehensive information about over 5,000 candidates and numerous ballot measures to voters throughout Washington. We hope you took advantage of their hard work and also shared it with others. In addition to the two national studies that we’ve been working on this month and last, National continues its efforts on both information and advocacy for voting. Once again we were a primary organizer of National Voter Registration Day where we partnered with hundreds of organizations to register tens of thousands of voters around the country. We are also continuing efforts to reinstate the Voting Rights Act, fight purging of voter rolls, and increase and improve online voter registration. Each year several League members attend a budget workshop conducted by the Washington State Budget and Policy Center to get an update on the State fiscal condition and upcoming legislative plans. This year the Budget Matters Summit is being held on Wednesday, December 9, at Benaroya Hall in Seattle. Call the office for details and to register. Another area of national focus is climate change. The League recently sent a letter opposing the Senate’s attempts to block the Clean Power Plan, submitted comments to the EPA regarding fracking and drinking water, and supporting the EPA’s proposed methane pollution standards. We encourage you to watch for and respond to the national action alerts. As planning moves forward for Council in June 2016, League is interested in learning about your interest and participation in statewide League events. What makes you want to attend (or not)? Please help us by completing a brief survey. It is quick and easy. Call or email the office to get a copy or a link to respond online. Thanks so much. 206-329-4848 or [email protected]. Finally, national has already begun work for the presidential election in 2016. The quadrennial “Electing the President” materials have been updated, and additional voter registration resources are being prepared to help us coordinate our local efforts. We will be discussing how to implement these in our league shortly. If you are interested in participating, please call the office and let us know; 206-329-4848. 10 Action The Voter November 2015 Action This year the League of Women Voters of Washington is pleased to present four Action Workshops around the state, making it easier for you to attend and get in on the action. These workshops cover LWVWA advocacy priorities for the upcoming legislative session and will give you an opportunity to: Help us flex our political muscle in Olympia. Get the inside scoop on what to expect for the upcoming legislative session. Learn about critical issues facing our state, such as climate change, the challenge of raising revenue, education, and campaign finance. Discuss the issues of greatest interest to you with legislators and our lobby team. Gain the knowledge, skills, and confidence to be a more effective, powerful advocate for the issues you care about. Network with other advocates involved in the League. Meet LWVWA’s dynamic new lobbyist team: Nancy Sapiro and Pam Crone For the first time, we are opening up these workshops to non-League members. This can be a great tool to involve more people in our advocacy efforts and recruit members. Please consider inviting friends who you think would like to know about our advocacy efforts. Bellevue/King County Saturday, November 21 9:30 a.m. to 3:00 p.m. Saint Andrew’s Lutheran Church 2650 148th Ave SE, Bellevue Speaker: Creating a Progressive Tax System in WA You can register at: http://bit.ly/LWVWAAct2015 More information, and the other 3 locations and dates, can be found at: http://www.lwvwa.org/actionworkshop.html Have questions? Contact Kathy Sakahara at 206-261-7797 or [email protected] . Register for a 2015 Advocacy Workshop I would like to attend the following workshop(s): Registration fee of $25 includes lunch. Spokane-November 7 Bellingham-November 14 Bellevue-November 21 Shelton-December 5 Name_______________________________________________________ League Affiliation______________________________________________ Phone______________________________________________________ Email ______________________________________________________ Address_____________________________________________________ City_______________________________State_________Zip__________ Please let us know what areas are of most interest to you. Please check all that apply. Agriculture Climate Change Budget and Revenue Economic Justice Campaign Finance and Elections Education Children and Family Health Care and Reproductive Rights State Parks Transportation Other _________________________ Please mail this completed form along with a check for $25 made out to: LWVWA,1402 Third Avenue, Suite 430, Seattle, Washington, 98101 11 The Voter November 2015 Voter Service Voter Service Please be sure to share our great election information resources with friends and family. Have a question that you can’t find an answer to? Call the office and speak to one of our volunteers — we’ll get you pointed in the right direction. Have you returned your completed ballot yet? Remember, the signed envelope must either be postmarked by November 3 or put in an official ballot drop box/van by 8 p.m. that same day. A huge THANK YOU to Connie Hellyer and her team of Volunteers at the Horizon House/First Hill unit! They did a tremendous job all summer and into the fall getting out into the community, registering voters and sharing voter information. We’ll have more about them and the overall work of the voter services team next month, but... we’re already getting calls from individuals and organizations who want to get involved in voter registration for the presidential election! To do a coordinated plan that reaches out to more underserved areas in King County we’ll need a number of volunteers. Want to be part of the planning process? Call the office or email us at [email protected]. We’d love to have you. Energy and enthusiasm are all that’s required. 12 Membership The Voter November 2015 Getting Connected Membership News Welcome to New Members: Emily Bingham has lived in Seattle since she was nine years old. She earned a bachelors degree from the University of Washington and returned to the University to earn an MBA when her children started school. After graduate school, Emily worked at Bank of America for many years in commercial banking. She retired from the bank after holding the position of Senior Vice President and Market Executive for Commercial Banking involved in the Kirkland city council, knew anything about it. Further, most of the attendees, who were in their early thirties, did not intend to vote. Liz decided to become an active member of the LWV to disseminate information to her peers. Pramila Jayapal is serving her first term in the Washington State Senate, representing the 37th Legislative District. Her home of nearly 20 years, the 37th is one of the most racially and economically diverse districts in Washington Emily and her husband have traveled extensively state. post-retirement and most enjoyed month-long Born in India, Pramila came to the U.S. by hertrips to South America, particularly because she self when she was sixteen years old to attend has been taking Spanish classes over the past Georgetown University. She worked on Wall few years. Other interests include hiking, kay- Street as a financial analyst following graduation aking, and film festivals. She served as precinct and them went on to earn an M.A. in Business captain in 2008. Administration from Northwestern University. Emily has admired the work of the League over After working in the medical equipment indusmany years and is happy to be joining. She has try for a year, she decided to leave the private expressed an interest in learning more about the sector and work in the social justice arena. League and in giving back. She has been attend- Pramila spent the last twenty years working ing Northeast’s unit meetings and has assisted both internationally and domestically as a leadwith voter registration. ing advocate for women’s, immigrants’, civil and Elizabeth Gerrish is currently the Key Account human rights. She worked on improving access Manager at Zemax, LLC, a local software com- to women’s reproductive and primary health inpany. She has had a ten-year career as an optical ternationally and on increasing access to credengineer. With a B.S. in Physics from the Uni- it in low-income communities in the U.S. and versity of Washington, Liz is currently working abroad. toward a M.S. in Leadership and Management from Western Governors University. Along with her two amazing daughters, Liz is an active volunteer at Camp Unity and at Saint Jude Catholic Church. In her spare time, Liz loves attending the opera and is an avid salsa dancer. Issues that are important to her include diversity, gender inequality, domestic violence, and education. She is the founder and former executive director of OneAmerica, Washington state’s largest immigrant advocacy organization, where she led one of the largest voter registration efforts in the state, helping more than 23,000 new Americans register to vote. She also helped organize the coalition that successfully pushed for the passage of the 2014 Washington State Dream Act, which allows access to state higher education financial aid for undocumented young people. Liz became interested in the League of Women Voters after attending a housewarming party. Pramila joined the League of Women Voters at The issue of upcoming ballot measures came up the Spring fundraising event at the Wing Luke and only one woman, who had recently become Museum. The Voter November 2015 13 Membership Elizabeth Larson graduated from New York University in 1971 and worked as an occupational therapist in New York before moving to the Pacific Northwest. For the last 30 years, Beth worked as an occupational therapist for the Lake Washington School District. Beth raised her family in Kirkland, but she loves the wilderness, so a cabin in Eastern Washington frequently lures her to the Methow Valley. Beth says she is passionate about wilderness and very concerned about campaign finance reform. She and her daughter-in-law, Clancy Schoenleber, share a family membership in League. In 2011, Clancy graduated from the UW with a bachelor’s degree in Media and Communications. Beth and Clancy want to explore how to contribute to progress - not just read about the problems. Brady Piñero Walkinshaw, State Representative from the 43rd Legislative District, joined the League of Women Voters at the Spring event at the Wing Luke Museum. He and his husband, Micah Horwith, a marine biologist, live on Capitol Hill and share a household membership. Brady joined the Legislature in 2013 and previously spent several years focused on food and agriculture in developing countries at the Bill & Melinda Gates Foundation. We are thankful for all our members and the great work you do to help our communities. Happy Thanksgiving! 14 The Voter November 2015 Membership Join the League! Take part in informed discussions of the issues facing our communities. Members automatically receive the VOTER, either in print or electronically, for the latest updates on current studies and action, monthly forums, committee activities, voter registration, and other volunteer opportunities. In addition, members receive action alerts about legislation in Olympia and Washington, D.C., as well as publications from the state League. League membership is open to men and women. Name: Address: City/State/Zip: Phone: Email: Dues and contributions: □ $75 one year individual membership □ $115 one year household membership □ $40 low income □ $35 student □ Enclosed is a contribution of $ Please make your check payable to LWVS-KC and return with this form or go online to www.seattlelwv.org/membership. Membership dues and contributions are not tax deductible; however, eligible tax deductible contributions may be made to the LWVS-KC Education Fund. □ This is a gift membership from: Thank you for supporting the work of the LWV! Please return this form to: League of Women Voters of Seattle-King County 1620 18th Avenue, Suite 101 Seattle, WA 98122-7007 Celebrating 95 years of educating voters, improving elections, and making democracy work! 15 The Voter November 2015 Features Features Transportation Committee Report of how people and goods can and must transit by Janet Winans through our streets and highways. We listen very carefully as each new project is The Transportation Committee meets the 3rd proposed and the means to fund it are defined. Tuesday of each month at 10:00 AM at the SeatWe opposed the initiative that repealed the Motle Office of the League of Women Voters. tor Vehicle Excise Tax (MVET) in 1999, and Members of the Economics and Taxation com- each of the new anti-tax initiatives that have mittee joined the Transportation committee followed since then. The MVET required those meeting in September to brainstorm ways to with the newest and most expensive cars to pay cope with the colliding issues we are confront- more for their drives down our freeways than ing as we struggle to integrate our League Posi- those with older and less expensive cars and tions with the ever-more challenging demands brought in a steady stream of revenue. We advocate for methods that can provide sources of coming from the political world. revenue that grow at the same rate as inflation The Transportation Committee and the League and population, or income, such as the MVET Board struggled over how to be true to our po- did. sitions while considering the need to maintain a strong and vibrant transportation infrastructure The League of Women Voters of US, WA and with the League’s Good Government positions S-KC oppose Washington State’s regressive tax stating that levies should be used for capital structure. It allows those who are most wealthy to provide the smallest share of their income projects, not maintenance. in taxes for the common good, while requiring Politicians have ushered us into a time that many those with the least income to pay the highest of our common good services are held sepa- percentage of their income. rate from general fund governing. Common good services are very vulnerable to being cut, Is it possible to describe the taxation/revenue which became apparent when sales tax revenue process that began with the repeal of the MVET crashed as a result of the Great Recession and as a time when the automobile reigned subelt-tightening reduced funding for all neces- preme and drivers gloried in the “free” part of sary services. Now that the economy is improv- our highway system? Have ever-more expensive ing, politicians are considering different fund- cars come to stand as symbols of the growing ining approaches that might be less vulnerable to come inequality of our communities? Now that economic fluctuation by choosing to introduce drivers who purchase new and expensive autospecial levies, because the public does believe mobiles no longer have to pay a correspondingly expensive tax on their vehicles, which might that common good services are essential. have stymied the purchase of such vehicles in Speakers to the Transportation Committee the past, have fancy cars become a more visirange from the long-range planners from the ble symbol of income inequality than they once Puget Sound Regional Council, to City Coun- were? cilmember Tom Rasmussen, and representatives describing progress on the SR520 Bridge. These questions are bringing our two commitWe understand the need for these facilities and tees together. We intend to explore these issues the investments that must be made to build and and create what Nora Leech calls “A Primer maintain them. Our role has been to advocate on Taxation,” which we will present to League for public transit and for the understanding members early in 2016. Continued on page 32 16 Features The Voter November 2015 BOOK REVIEW by Vicky Downs FACTORY MAN: HOW ONE FURNITURE MAKER BATTLED OFFSHORING, STAYED LOCAL AND HELPED SAVE AN AMERICAN TOWN By Beth Macy A journalist for the Roanoke Times, Beth Macy has won many awards for her writing about Appalachia and the people who live and work there. In this book, she focuses on the Bassett family’s furniture companies. In 1902, brothers John and Samuel Bassett took advantage of cheap labor and local hardwoods to start their furniture-making factory. The brothers became wealthy and built mansions for themselves on a hill overlooking the factory and housing for its workers in the town that inevitably was called Bassett. Third generation John Bassett III, known as JBIII, resisted when Chinese manufacturers began to undersell the Bassett company. JBIII was a shrewd, forceful man who communicated with everyone in an informal southern drawl interlaced with expletives and sophisticated ideas. He talked to everyone, whether backwoods American or city-born Chinese. Unlike others in the business who had started to focus on retail, he wanted to save his factory and hold onto his workers. He searched every aspect of the furniture business to cut costs. He copied others’ designs, stopped unions from entering his factory, asked his own workers to suggest factory floor improvements, and offered incentives to push productivity. Eventually, he guaranteed that his company would deliver orders within a week: something the Chinese couldn’t do. For years, the business flourished and the Bassett family became millionaires by working their factory hands hard and paying them little. They also ran just about everything in town. Second generation “Mr. Doug ran the school board and country club, while Mr. Ed was the keeper of the Kiwanis… Doug’s branch of the family By the time China signed the held the reins of [Bassett Baptist Church], while WTO treaty in 2001, JBIII hired Ruby, a ChiEd’s controlled the Methodist Church…Nobody nese-born woman living in America whom he passed Go without the family blessing.” trusted. She knew furniture, she could spy for him in China and could translate as well. He In the 1980s, Asian competition brought in took Ruby to China to search for the one factocheaper furniture and most of the Bassett fac- ry that made bedroom furniture exactly like his tories turned from making furniture themselves own, but at half the cost. How could they do it? to teaching the Chinese how to do so. Most Talking with the factory owner, JBIII realized Bassett executives then turned to retail to make the Chinese government had essentially agreed money on the outsourced products as their for- to do whatever necessary to undercut U.S. pricmer employees searched for other work. By the es. late 20th century, no one cared about beautifully-made furniture that could last for gener- No wonder Chinese products flooded the US ations, and they didn’t care what it was made and millions of jobs were lost! JBIII, however, from. Consumers wanted choices in color and was determined to “reshore” his products. He style, and they appreciated paying the lowest invested in new machinery and competed with possible price. higher quality and better service, not just pricContinued on page 31 The Voter November 2015 Program Amending the U.S. Constitution by the LWVUS Constitutional Amendment Committee Patricia Donath, Chair (LWVUS Board) Linda Powers Bilanchone (SC) Shamira Gelbman (IN) Ann Luther (ME) Monica Marquez (CA) Ann Mostoller (TN) 17 Program 18 Program The Voter November 2015 Editor’s Note: The materials that follow were prepared by the LWVUS Study Committee. They include two short synopses of longer articles, a detailed study guide that includes the consensus questions we are discussing this month, and a bibliography. The synopses and the study guide have been revised to remove some citations and references that interrupt the flow of text in a print version. The original versions can be found online at www.lwv.org on the Constitutional Amendment Study page and on the LWVS-KC website at www.seattlelwv. org/constlamend. Synopsis of “Constitutional Amendmentitis” by Kathleen Sullivan Writing in 2001, Sullivan notes a flurry of activity, with more Constitutional amendment proposals active then (and now) than at any time since the 1970s. The Constitution is very difficult to amend. Of the 11,000 amendments that have been proposed since the Constitution was adopted, only 27 have actually passed. As a result, the Constitution remains a “relatively pristine document.” Those that have passed have little altered the overall structure of the Constitution. According to Sullivan: The first ten amendments, the Bill of Rights, were added in one fell swoop by the First Congress and ratified in 1791 as part of a bargain that had induced reluctant states to ratify the Constitution. And the 13th, 14th, and 15th Amendments, which abolished slavery and gave African Americans rights of equal citizenship, were essentially foisted on the southern states by the Reconstruction Congress as a condition of readmission to the union in the wake of the Civil War. stitutional framework: The 17th Amendment provided for popular election of senators and the 22nd imposed a two-term limit on the presidency. And only four amendments were enacted to overrule decisions of the Supreme Court: The 11th Amendment barred suits in federal court by citizens of one state against another state, the 14th recognized the United States citizenship of African Americans, the 16th permitted Congress to impose an income tax, and the 26th lowered the voting age to 18--all in contrast to what the Supreme Court had said the Constitution permitted or required. The remaining handful of amendments were national housekeeping measures, the most important of which was the 25th Amendment’s establishment of procedures for presidential succession. Against this backdrop, the current enthusiasm for amending the constitution is concerning in that “there are strong structural reasons for amending the Constitution only reluctantly and as a last resort.” 1. Stability. It has stood the test of time. “If it ain’t broke, don’t fix it.” Stability is one of the key virtues of having a Constitution in the first place. Amending it too often undercuts that purpose and undermines public confiThe remaining amendments have tinkered litdence in the basic structure of our governtle with the original constitutional design. Four ment. expanded the right to vote in federal elections: The 15th Amendment eliminated racial classi- 2. The Rule of Law. The Constitution is our fundamental charter of government. It fications in voting, the 19th extended the franshould not be cluttered up with the sorts of chise to women, the 24th abolished the poll tax, directives found in legislation. The point of th and the 26 lowered the voting age. Only two having a constitution is to establish a septried outright to govern social policy: The 18th aration between the legal and the political st Amendment imposed Prohibition and the 21 realms. The constitution lays down those repealed it. Only two amendments worked sigfundamental political ideals (equality, repnificant structural changes in the original con- The Voter November 2015 19 Program resentation, individual liberties) that place so abruptly changing interpretations of the limits on how far any short-term, political Constitution that they appear more politics majority may go. The Constitution is our than law. But that fact does not strengthhigher law. The rest is politics. Too-frequent en the case for more readily amending the amendments erode the boundary between Constitution. Rather, it illustrates the very our higher law and politics, making support pitfalls of constitutional mutability that for the Constitution a matter of political amendment fever would exacerbate. preference. In summary, this does not mean that the Con3. Coherence. The Constitution was written as stitution should never be amended. But for all a unified document; amendments are piece- the reasons outlined above, there should be a meal and can affect other parts of the whole. strong presumption against doing so except For instance, a balanced budget amendment when changes consistent with the Constitution’s could affect taxing, borrowing, and spend- broad purposes are unlikely to be enacted by oring currently accomplished by a simple ma- dinary legislative means. jority vote by imposing supermajorities on these actions, thereby transferring so much power to the minority that they may extort Note: Kathleen Sullivan’s full article is item 2 in concessions in other areas, with the potential the bibliography on page 30. for significant spill-over effects. This is only one example, but it is clear that amendments can create conflicts within the document as a whole and thus have repercussions beyond their specific subject matter. 4. Generality. The Constitution is purposefully drafted in general terms. Specifics are to come through judicial interpretation. However, generally worded amendments can be problematic. Either by what it specifies or does not specify, an amendment can have the potential to effect a major change to our fundamental governing document such as a redistribution of powers among the three branches of government. Striking the appropriate balance is incredibly difficult to get right. 5. The Role of the Court. We have granted the Supreme Court broad interpretive powers. Constitutional amendments, especially those that overturn Court decisions, undermine respect for the legitimacy of the Court. It also erodes the social benefits of peaceful conflict resolution. Remember that we have amended the Constitution only four times in order to overrule the Supreme Court. The Court itself can squander public respect by 20 Program Synopsis of “Constitutional Amendments and the Constitutional Common Law” by Professor Adrian Vermeule The Voter November 2015 • The gist of the paper is that we should not be predisposed against using the Article V constitutional amendment process. Vermeule critiques the position attributed to Kathleen Sullivan and others that there should be a general presumption against amending the Constitution. Such a view favors constitutional change through court decisions as opposed to constitutional amend- • ments. He argues that this position, when widely adopted, exerts a drag on the amendment process that may do more harm than good. By disadvantaging the amendment process, the court-centered view tips the balance in favor of constitutional change brought about through • common law judicial decisions, which he believes hold equal or greater peril. The alternative to the amendment process is continuous reinterpretation of the Constitution left to the courts – that is, “to an ongoing constitutional convention whose delegates are all judges (and • hence all lawyers).” He points out that no member of another profession has ever been appointed to the Supreme Court, although no law prohibits the appointment of others. Whatever the other advantages or disadvantages of the amendment process, it would presumably involve a more diverse group of actors. In responding directly to Kathleen Sullivan’s paper, he argues that the case against the Article V process is based on a fallacy: that the alternative to constitutional amendment is stability, when in fact the alternative is continual judicial updating of the Constitution, which often produces as bad or worse results than the constitutional amendment process does. Here are some of the prominent arguments that Vermeule counters: • Amendments politicize the Constitution: so, he argues, do judicial interpretations of the Constitution, as we have seen in the continuing political struggle after Roe v Wade and as we may yet see with decisions on campaign finance, the Affordable Care Act, and same-sex marriage. Amendments clutter up the Constitution: the real alternative to lengthy text in the Constitution is to have a complex and tangled underbrush of judicial decisions. “A complex society will produce complex constitutional law; the only real question is whether it is good to outsource … complexity… to the adjudicative process.” Amendments represent a “mutiny” against the Supreme Court: on the contrary, more amendments would leave less room for judicial flip-flops, over-rulings, creative and novel interpretations. An increased rate of amendment might actually legitimize the Court. Amendments have bad unintended consequences: judicial updating may also have unforeseen consequences, as may judicial inaction or amendment restraint. “Worry about perverse consequences … yields paralysis, not safety.” Amendments should not encode “mere social policies” but should expand individual rights or improve government structure: why shouldn’t other types of amendments be considered as circumstances change? The fact that the previous 27 amendments can be largely categorized this way is “curve fitting” on a very small number of amendments. In conclusion, Vermeule argues that both the amendment process and the judge-made constitutional law may be appropriate alternatives in different circumstances. Note: Professor Vermeule is responding to arguements made in Kathleen Sullivan’s What’s Wrong with Constitutional Amendments, which is a part of a longer document; item 1 in the bibliography on page 30. Prof. Vermeule’s full article is item 3 in the bibliograpy. The Voter November 2015 Constitutional Amendment Study Guide This study of amending the U.S. Constitution is in three parts. The questions in Part I are to develop guidelines for evaluating constitutional amendment proposals. Part II asks about aspects of an Article V Constitutional Convention that may be important in conducting such a Convention. Part III relates to how the League might put these guidelines into practice and asks two overall balancing questions between process and positions. 21 Program islatures of two-thirds of the states (34 at present) may ask Congress to call a convention to propose amendments to the Constitution; this is commonly called an Article V Convention. Amendments proposed by either method must be ratified by three-fourths of the states, which means 38 of the 50 states at present. The first method has been used by Congress to submit 33 amendments to the states, beginning with the Bill of Rights. Of these, 27 were approved; 26 are currently in effect, while one – the 18th Amendment (Prohibition) — was ultimately repealed by a second amendment, the Constitutional Background 21st. The 21st Amendment was also the only In 1787, delegates from twelve of the thirteen one ratified by conventions in the states, rathstates then in existence met in Philadelphia to er than by state legislatures. In June 1920, the revise the Articles of Confederation. Instead, Supreme Court ruled unanimously that the U.S. they drafted a totally new document, what we Constitution provided for state legislatures, not know as the U.S. Constitution. It was unani- citizen referendum campaigns, to ratify amendmously ratified by the states. While this all seems ments. very long ago, how the Constitution began and The second method, an Article V Convention, how the 1787 Convention was convened and has never been successfully invoked. conducted are cited in the current debate about calling a Convention under Article V. League Background Here’s what Article V of the U.S. Constitution says about amending the Constitution: The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; . . . Perhaps it goes without saying that the League of Women Voters believes it is right and permissible to amend the Constitution of the United States when circumstances demand. The League was born from the successful, decades-long effort to pass the 19th Amendment. The question for us today is: what are the shared values and beliefs within the League – what consensus do we have – regarding the circumstances that might allow or compel the League to endorse a constitutional amendment or an Article V Convention? If we do find that we have consensus on some of the principles that should guide us, mobilizSo Article V provides two ways of proposing ing the organization to advocacy for or against amendments to the nation’s fundamental char- a particular amendment would fall under the ter. Congress, by a two-thirds vote of both established protocol by which the League deterchambers, may propose constitutional amend- mines its advocacy agenda, as laid out in Impact ments to the states for ratification. OR, the leg- on Issues. (http://lwv.org/content/impact-issues). 22 Program The Voter November 2015 We might support an amendment that was in concert with League positions, but we might not support every amendment that was in concert with League positions. In other words, having a position on the issue is necessary but might not be sufficient for the League to endorse a constitutional amendment. c) Whether the amendment would either make our political system more democratic or protect individual rights. d) Whether the policy objective can be achieved by a legislative or political approach that is less difficult than a constitutional amendment. e) Whether the public policy objective The first question to ask is whether League po- is more suited to a constitutional and general sitions support the proposed amendment, but approach than to a statutory and detailed apeven if the answer is an unqualified “yes,” we proach. need to examine other factors. The remainder of this Guide helps frame the discussion of those Consensus Question 1.a other factors. Background Question No. 1.a asks if we think restraint is a critical element in considering whether to amend the Constitution. Is it important to exercise restraint, amending the Constitution only In determining whether to support or oppose a in the most serious circumstances? Matters are particular constitutional amendment or the Ar- “acute” when they present extreme problems ticle V Constitutional Convention process, the with dire consequences; and they are of “abidfirst and most important question is whether ing importance” when they impact not only this the League supports or opposes the subject of generation, but the generations to come. the amendment based on League public policy Points of View positions. Once League public policy positions are applied, Part I asks, “What are the other Amending the Constitution is one of the most values that League members share regarding serious and important acts of the people actthe purpose of the Constitution and its malle- ing through their government. Constitutional ability?” Many believe the Constitution to be a amendments are binding for the long-term. The near-sacred document, only to be amended in stability that the Constitution provides is one of the most serious circumstances. Do we agree? its key virtues, and that stability will be underUnder what circumstances is it appropriate to mined if the Constitution is amended too often. amend the Constitution? What makes a sound Hence, restraint is in order; the Constitution is and well-crafted amendment proposal? an important unifying document and amendments should address matters of acute and abidConsensus Question 1 ing importance, rather than being cluttered with Which of these should or should not be a con- passing concerns. If you agree that these are imsideration in identifying an appropriate and portant considerations, answer “should.” well-crafted amendment? The Constitution is a tool provided by the a) Whether the public policy objective ad- framers for bending government to the will of dresses matters of such acute and abiding im- the people and when popular sentiment is overportance that the fundamental charter of our whelmingly in favor of change, the people should be able to use Article V. Even matters that don’t nation must be changed. b) Whether the amendment as written would currently seem to be acute or of abiding importance can nonetheless be very significant. The be effective in achieving its policy objective. supermajority requirements built into Article V Part I Considerations for Evaluating Constitutional Amendment Proposals The Voter November 2015 23 Program are a high enough hurdle to avoid “clutter.” Ad- doctrine to develop over time. If you agree with ditional norms for restraint or against change this point of view, answer “should not.” are unnecessary. If you agree with this point of Consensus Question 1.c view, answer “should not.” Background Consensus Question 1.b Background Question 1.c asks whether we think the use of the amendment process should be limited to one of two primary goals: (1) to make the structures of government more responsive to the will of the people (e.g. extension of the franchise, direct election of senators); OR (2) to protect or expand individual rights from government overreach (e.g. most of the Bill of Rights). Except for a few housekeeping amendments and those passed under unusual circumstances, nearly all the others have dealt with one or the other of these two fundamentals. Question 1.b asks if it is important to consider whether an amendment will work. Can it be readily implemented to achieve its intended policy outcome? Will the courts properly interpret the amendment? If it will not be effective in achieving its policy objective, or may have unintended consequences, then its purpose will not be fulfilled. On the other hand, such an amendment could articulate policy goals that may not be practically attained, but rather that may provide guidance to the courts for deciding future cases or require statutes to bring laws into com- Points of View pliance with the new constitutional principle. The majority of amendments to the Constitution to date fall into one or the other of these two catPoints of View egories. Most ordinary policy matters should be It is important to consider whether an amend- resolved through the political process by elected ment will achieve its intended policy objec- representatives. The failed Prohibition Amendtives or will likely fail to do so. This is crucial ment was proposed to entrench a policy preferin preventing unintended consequences and in ence of the moment, and it had to be repealed giving the courts clear, unambiguous direction. by another amendment. Such amendments Otherwise, judges and legislators are free to ig- limit the range of democratic action for the funore or dilute the intention of the amendment. ture and undermine the higher purpose of the Furthermore, unenforceable amendments, un- Constitution. The emphasis in the Constitution workable amendments or amendments that should be on the bigger questions: equality, repestablish unattainable goals can undermine the resentation, and liberty. If you agree that these legitimacy and power of the Constitution – as are important considerations, answer “should.” well as failing to achieve their purpose. If you agree that these are important considerations, On the other hand, perhaps the fact that the majority of ratified amendments fall into one of answer “should.” these two classes is merely a result of the fact Sometimes it is important just to get started, that there have not been that many amendments even if an amendment will need to be interpret- or that other important needs have not yet arised by courts and legislatures over time. Even en. What constitutes a mere policy preference of an amendment that won’t achieve its intended the current majority may not be clear without policy objectives can serve an important pur- the long lens of history. Which issues are funpose in affirming and entrenching fundamental damental, versus which are not, may not be all principles. Such amendments may not immedi- that clear to proponents or opponents at the ately change the rule of law, but they may give time. If you agree with this point of view, answer the courts and legislatures direction and a place “should not.” to start building case law or statutes that allow 24 Program Consensus Question 1.d Background The Voter November 2015 resolved and ambiguity could allow the courts to misinterpret. Other topics demand a clear values statement and general provisions that may be subject to evolving judicial interpretations. Most amendments that have been adopted have broad general provisions, in keeping with the pattern set by the first 10 amendments, which we know as the Bill of Rights. Question 1.d asks whether we think the use of the amendment process should be focused on those circumstances where there is no other course of action or where other courses of action have been exhausted, such as executive action, legislation at the state or federal levels, and Points of View traditional politics – electing representatives and appointing judges who are committed to It is important to consider whether a statutory or a constitutional approach is best suited to supporting the desired reform. achieve particular policy goals. Statutes typicalPoints of View ly set out how a policy should be accomplished. The Constitution should be amended sparing- Statutes have specific detail to resolve important ly, and an amendment cannot be strictly nec- issues and reduce ambiguity, and statutes can essary if other avenues exist for accomplishing be more readily changed to meet evolving conthe same outcome. Using the Constitution to ditions over the years. Constitutional amendembody specific policy proposals makes those ments, on the other hand, are generally written policies more difficult to revise or reverse in in broad policy terms and set basic values for the future if circumstances change. Moreover, American government. Interpretation is left to resources are not infinite and it is important to the courts. Some would also argue that convertfocus political action on those strategies that are ing the Constitution from a statement of politmost likely to achieve the policy objective. If ical ideals into a list of specific public policies you agree that these are important consider- erodes the stature of the Constitution. In addition, policy specifics within the Constitution ations, answer “should.” make those specifics more difficult to revise or On the other hand, a policy objective may be reverse in the future if circumstances change. so important that pursuing a number of strate- If you agree that these are important considergies is the best course of action. When it is un- ations, answer “should.” clear what paths are most likely to succeed, we shouldn’t consider which ones would be better, In contrast, the more important question may be a constitutional amendment should be part of getting action on the overall policy, rather than the mix. If an amendment is a general policy the specifics of making the policy work. When statement and leaves details and specifics to the Congress or the courts fail to implement an imcourts, then judicial decisions can also play a portant policy, amending the Constitution may role. If you agree with this point of view, answer be the only way to make a change. Many state constitutions already have considerable detail. “should not.” The history behind a constitutional amendment Consensus Question 1.e could help guide the courts in correctly interpreting an amendment. If you agree with this Background point of view, answer “should not.” Question 1.e asks whether the objective is more suited to a constitutional approach than a statutory one. Some topics are best suited to the detailed and specific approach provided by a statute because important issues need to be clearly 25 The Voter November 2015 Part II Aspects of an Article V Constitutional Convention As noted in the Background, Article V of the U.S. Constitution provides two ways of proposing amendments to the nation’s fundamental charter. Under one method, called an Article V Constitutional Convention, legislatures of two-thirds of the states (34 at present) may ask Congress to call a convention to propose amendments to the Constitution. Amendments proposed by this method must be ratified by three-fourths of the states, 38 at present. Program Consensus Question 2.a Background Question 2.a highlights the importance of the process by which the Convention delegates meet, hold discussions, and make decisions. It is asking whether basic “open meetings” and “freedom of information” rules should be in place for a Constitutional Convention. Under such rules, the formal business of the Convention is open to the public and the press, and the working documents of the Convention are accessible to the public and the press, but private discussions among delegates are also permitted. An Article V Convention has never been suc- Points of View cessfully invoked. Full knowledge of governmental action is a basic Part II considers whether the League would sup- tenet of the democratic process. The American port such a convention, and if so, under what people depend on full disclosure of processes circumstances. carried out by their representatives in order to be able to govern themselves effectively. Answer Consensus Question 2 “Agree” if you feel that open meetings and FOIA What conditions should be in place for an Arti- concepts should apply. cle V Constitutional Convention initiated by the On the other hand, some processes are more states? a) The Convention must be transparent likely to succeed if they are conducted behind closed doors. Successful governing is the outand not conducted in secret. b) Representation at the Convention must come of strategic compromise, and the give and be based on population rather than one state, take of the process may happen more readily when it is conducted out of the public eye. This one vote. c) State delegates must be elected rather way of proceeding is often implemented for sensitive diplomatic or contractual negotiations. It than appointed. d) Voting at the Convention must be by has also been argued that today’s transparency would have made impossible the compromisdelegate, not by state. e) The Convention must be limited to a es required to create our current Constitution. Answer “Disagree” if you feel that the Convenspecific topic. f) Only state resolutions on a single topic tion deliberations should be allowed to be concount when determining if a Convention must ducted in secret. be called. Consensus Question 2.b g) The validity of state “calls” for an Article V Constitutional Convention must be deter- Background mined by the most recent action of the state. If a state has enacted a rescission of its call, that Question 2.b asks whether representation at a convention should be based on population rathrescission should be respected by Congress. er than giving each state one vote. These are two different ways of proceeding – quite different 26 Program in the philosophy on which they are based. The first, based on population, provides for each individual citizen – the people – to be represented; the second provides an outcome in which individual states are represented and gives more weight to smaller states. The Voter November 2015 ed delegates can be controlled by the appointing body and kept from straying to topics other than those the Convention was called to consider. Furthermore, the structure of the ratification process reflects the founders’ view that consideration of proposed amendments is to be by states. So whomever each state chooses to Points of View represent that state, and the method by which With representation based on population, the they are chosen, should be acceptable to the rest one-person, one-vote principle is the guiding of the nation. Answer “Disagree” if you think rule; it is the appropriate way to represent all states should be able choose a method of delethe American people in a governing body that gate selection other than popular election. has the power to decide to change the Constitu- Consensus Question 2.d tion by which this country is governed. This is representative democracy at its fairest. Answer Background “Agree” if this seems right to you. Question 2.d asks whether voting at the ConAlternatively, representation should not be vention should be by delegate rather than by based on population because the United States state. is simply a federation of states; hence, it is the states that should be represented in the process This means that whatever the method of selecno matter what the population of the state. An- tion of delegates to the Convention, each delswer “Disagree” if you think state rights should egate would have one vote, and they need not vote by bloc with their state. A state delegation’s predominate. votes could be divided on any given action. Consensus Question 2.c Points of View Background Voting by delegate means that each delegate Question 2.c asks whether delegates should be brings their own judgment and conscience to the elected rather than appointed. Some governing process, and need not be bound by the dictates bodies are elected by the people and other gov- of state interests. This is the way the original erning bodies are appointed by other elected or Constitutional Convention worked, and it is the appointed officials – by governors or by legisla- way the U.S. House of Representatives works. If tures, for instance. this is the way you think it should work for a Constitutional Convention, answer “Agree.” Points of View Voting by state reflects the view that the United Election of state delegates is the fairest and most States is a federation of states and the delegates democratic way to identify individuals who will should be bound to vote as a bloc consistent represent and make decisions for all the Ameri- with that state’s position on the question. Pocan people. Answer “Agree” if this is your point litical party nominating conventions often vote of view. by state bloc, at least on the first round. If you Expertise is vital in a situation where under- think delegates should be bound together in standing of legal nuances and historical prec- state blocs, answer “Disagree.” edents of constitutional law are important; an appointment process is the best way to achieve the needed expertise. Some argue that appoint- 27 The Voter November 2015 Consensus Question 2.e Background Question 2.e asks whether the Convention must be limited to a specific topic. There are two possibilities: 1) once the Convention is called to order, only one topic may be considered– presumably the one on which 34 states have called for a Convention; or, 2) the Convention once convened can consider any topic that the delegates wish to consider. This second option raises the issue of a “runaway convention,” one that could go beyond the issues that prompted the states to call a convention. The 1787 Convention is the only precedent for a convention like one called under Article V. It was called to revise the Articles of Confederation and, in the end, wrote a whole new Constitution. Program control of Congress as a means of taking action when Congress is unable or unwilling to do so. In order to be fully effective, Congress should not try to limit the agenda of a Convention. The Convention, once convened, sets its own scope. A Constitutional Convention should have the power to do whatever the delegates wish to do; that is what the founders in Philadelphia did at their Constitutional Convention. If this kind of latitude seems important, answer “Disagree.” Consensus Question 2.f Background Question 2.f asks whether state resolutions calling for a Convention must all address the same topic. Congress has the responsibility to call a Constitutional Convention when two-thirds of the states ask for one, but it is unclear how ConIt is prudent to acknowledge one point on which gress should count the two-thirds. Should state most observers agree: state calls for a Conven- resolutions calling for a Convention on a speciftion cannot be for a specifically worded propos- ic topic be counted as a request for a Convention al. The wording of the proposed amendment on only that topic when determining if 34 state must be open enough to allow the Convention requests have been received? Or should Conto deliberate and craft the amendment to be of- gress count every state resolution regardless of fered to the states for ratification. its substantive content? Points of View Points of View If the Convention can be limited to a specific topic, there will be no fear of a runaway Convention – one in which any issue is legitimate and can be the subject of a proposed constitutional amendment. Such an unlimited Convention could threaten the structure of government, the protection of individual rights, or any other combination of issues. It would not respect the states that called for a Convention because of their concerns about a certain topic. Finally, it is important to remember that the 1787 Convention was called just to “revise” the Articles of Confederation but wrote an entirely new Constitution, one without the Bill of Rights. Answer “Agree” if you think a convention should be limited to a specific topic. Counting state requests by topic respects the will of the states that call for a Convention on a particular topic rather than combining very different requests to get a result that could be inconsistent with a state’s intent. Counting by topic also increases the possibility that the Convention would be limited to that topic, and ensures that there truly is sufficient interest in the topic to call a Convention. If Congress counts only those state resolutions that relate to a specific topic, then it is more difficult to get to the required two-thirds and a Constitutional Convention is less likely. Answer “Agree” if you believe that only state resolutions on a single topic should be counted by Congress. There is nothing in the Constitution that limThe Article V Constitutional Convention pro- its state calls or how they should be counted. cess is a tool provided to the states outside the The Constitutional Convention process was de- 28 Program signed for those times when there is significant discontent, and counting all state calls together better reflects widespread concern even if the concerns are very different. Since a Constitutional Convention should consider whatever issues arise, there is no need for state resolutions to be counted only when they are on the same topic. Moreover, if Congress counts only those state resolutions that relate to a specific topic, then it is more difficult to get to the required two-thirds and a Constitutional Convention is less likely. If this is your perspective, answer “Disagree.” Consensus Question 2.g Background Question 2.g asks whether, once a state has called for a Convention, it can take that call back. States can issue their calls for a Convention without a time limit or expiration date, and the calls, once issued, can be considered valid or “in force” indefinitely. After a period of time, long or short, changes in the political climate or in the majority controlling a state legislature might cause a state to change its mind about such a call and try to take it back or rescind the call. Should those rescissions be counted by Congress when tallying whether the required 2/3 threshold has been reached? Points of View If states are not allowed to take back their calls, then the accumulation of calls counting toward the 2/3 threshold does not really reflect the view of a super-majority of states at the same point in time. It is merely a matter of accretion, with some of those calls representing an historical artifact of a sentiment no longer held. Whichever point of view is favoring the call merely has to wait through time to capture the majority in their legislature – no matter how fleeting – and once they’ve issued the call, it cannot be undone by future action, no matter how much the majority view may have changed. States should be allowed to rescind their calls. If this is your view, answer “Agree.” The Voter November 2015 Once a state issues a call for a Convention, that call forms the basis of action by other states. As the movement for a Convention gains momentum, new states coming on board rely on the actions of the other, early-adopting states in making their decisions whether to join. Furthermore, if states are allowed to take back their calls, they may be more likely – or more cavalier – in issuing the call in the first place. States should have to think twice and three times about calling for a Constitutional Convention; and once the call is issued, it should stand for all time because the process is ongoing. If this is your view, answer “Disagree.” Consensus Question 3 Should the League oppose an Article V Constitutional Convention to propose amendments to the U.S. Constitution because of unresolved questions about the powers and processes of such a convention? Background There is a debate among scholars as to whether a Constitutional Convention can be controlled in any way. Those who believe it cannot be controlled are afraid of a “runaway convention”: one that could go beyond its original purpose and alter the Constitution in any way it chose. Other people are uncertain whether the powers and processes of a convention can be controlled and worry about the magnitude of the risk. Still others are convinced that the Convention would be bound by its “call” or that Congress would have the power to impose some controls. Finally, there is the view that control does not matter – a Constitutional Convention is intended to be an unrestrained process. There is no consensus on how these questions would be answered. Congress has not passed any legislation to clarify, and the U.S. Supreme Court has refused to hear cases related to amendment procedures, calling such questions “political” and not ones for the Court to consider. 29 The Voter November 2015 Program Points of View League position even if: There is simply no way to be sure that the scope of an Article V Constitutional Convention can be limited. Indeed, the precedent suggests it cannot. Neither the states nor the Congress have any authority to control a convention – it will be governed by its own rules. The courts do not intervene in “political” questions, which this certainly is. The result? An unlimited Convention could threaten the structure of government, the protection of individual rights, or any other basic constitutional tenet of our democracy. In addition, even if one is uncertain whether a “runaway convention” is avoidable, the risks associated with that potential result are too great to support the convention approach. If you agree, answer “Should.” a. There are significant problems with the actual amendment as proposed? Most proponents of an Article V Constitutional Convention are comfortable that the Convention would not deal with issues beyond its call. They are satisfied that the scope of the Convention can be limited. Some feel that limits can be set by the States, others believe that Congress could maintain control by refusing to send an amendment on to the states for ratification or that the ratification requirement by 3/4 of the states is a safeguard. Still others are unconcerned about an unrestrained convention process. If you agree, answer “Should not.” Points of View Part III Balancing Questions Part III relates to how the League might put the guidelines from Part I and Part II into practice and asks two overall balancing questions between process and positions. Should the evaluation guidelines from Part I and the process criteria from Part II always be applied or may they be set aside in the overall context of any particular amendment proposal? Consensus Question 4 4. Should the League consider supporting a constitutional amendment that will advance a b. It is being put forward by a procedural process the League would otherwise oppose? Consensus Question 4.a Background Question 4.a asks whether we might want to allow for circumstances where our commitment to a policy outcome could overcome the evaluation guidelines developed in Part I. Would we ever relax the considerations for determining an appropriate and well-crafted amendment to try to achieve a desired policy outcome? Some believe the League could support a constitutional amendment as a way of advancing the general topic of a proposed amendment even if there may be significant problems with the amendment itself. They argue that a constitutional amendment can provoke debate and draw public attention to the topic, and that the debate might help advance the issue in Congress, the states, or the courts. A proposed amendment can serve as a grassroots organizing device, even if the amendment itself might be flawed or have little chance of passage. If you agree, answer “Should consider.” Others argue that the League should support a proposed constitutional amendment based on the amendment itself, and that the League should not campaign for an amendment when it may be ineffective, counterproductive, conflict with other constitutional values, or have little chance of passage. They suggest that the League’s reputation for knowledgeable action means that supporting an amendment that has significant problems is inconsistent with League values. If you agree, answer “Should not consider.” 30 Program The Voter November 2015 Consensus Question 4.b Bibliography Background [Numbers in brackets identify the consensus questions for which the source is particularly relevant.] Question 4. b asks whether we might want to allow for circumstances where our commitment to a policy outcome could overcome our commitment to good process, as developed in Part II. Would we ever relax our standards about whether and how an Article V Convention should be called and conducted in order to try to achieve a desired policy outcome? Points of View Some argue that dire circumstances and a paralyzed Congress might mean the League should use whatever tools are at our disposal. They believe circumstances could be so damaging and intransigent that the League could support calling an Article V Convention even if there are objections to using the Article V Convention in general or if there are objections to the way that the Convention is being called and controlled. They argue that the threat of a Convention may help advance the issue in Congress, the states, or the courts, and that even if a Convention is called using a flawed process, the high ratification threshold provides a safeguard against the worst outcomes. If you agree, answer “Should consider.” Others argue that the League should not take the stance that the ends justify the means; we should not abandon our commitment to democratic process just because we find the outcome attractive in a particular case. If you agree, answer “Should not consider.” “Great and Extraordinary Occasions: Developing Guidelines for Constitutional Change,” The Constitution Project at the Century Foundation, http:// www.constitutionproject.org/wp-content/uploads/2012/09/32.pdf [1, 2,3,4] “Constitutional Amendmentitis,” Kathleen Sullivan, The American Prospect, December 19, 2001 http:// prospect.org/article/constitutional-amendmentitis [1] “Constitutional Amendments and the Constitutional Common Law,” Adrian Vermeule, http://www.law. uchicago.edu/files/files/73-av-amendments.pdf [1] Six Amendments and How and Why We Should Change the Constitution, John Paul Stevens, Little, Brown, New York, 2014 [1.e] “When the Supreme Court is this wrong, it’s time to overrule them,” Doris Kearns Goodwin & Jeff Clements, Reuters Blog Post June 2, 2015 http://blogs. reuters.com/great-debate/2015/06/02/when-thesupreme-court-is-this-wrong-its-time-to-overrulethem/ [1.d] “The Missing Right To Vote: What we’d get from amending the Constitution to guarantee it,” Heather Gerken, Yale Law School News, http://www.law.yale. edu/news/15643.htm [1.b] Miracle at Philadelphia The Story of the Constitutional Convention May to September 1787, Catherine Drinker Bowen, Back Bay Books; September 30, 1986 [1, 2] “Metrics of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don’t Measure Up,” J.B. Ruhl, 74 Notre Dame L. Rev. 245 (1999), http://scholarship.law.nd.edu/ndlr/ vol74/iss2/1 [1.e] “The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress,” Thomas H. Neale, Congressional Research Service Report R42589, http://fas.org/sgp/crs/misc/ R42589.pdf [2] 31 The Voter November 2015 “The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives,” Thomas H. Neale, Congressional Research Service Report R42592, http://fas.org/sgp/crs/misc/R42592.pdf [2] Program Book review continued: es. He also threw himself into an anti-dumping fight with the Chinese and he eventually won. The legal battle may have cost as much as $800,000 for each job saved, but to JBIII it was Proposing Constitutional Amendments by a Conven- worth it. He says “Everybody thinks all the great tion of the States; A Handbook for State Lawmakers, ideas come outta MIT, but … there’s a great deal Robert G. Natelson for ALEC (American Legislative of innovation that comes off the factory floor. … Exchange Council), http://www.alec.org/wp-con- If we close everything, that innovation’s gonna tent/uploads/article-five-handbook-1.pdf [2,3] move to wherever the factory is. We gotta invest in America, instead of derivatives.” “Proposing Constitutional Amendments by a Convention of the States: Rule Governing the Process,” Robert G. Natelson for ALEC (American Legislative Exchange Council), Tennessee Law Review, Vol. 78, p. 693, 2011, http://papers.ssrn.com/sol3/papers. cfm?abstract_id=1904649 [2,3] “States Likely Could Not Control Constitutional Convention on Balanced Budget Amendment or Other Issues,” Michael Leachman and David A. Super for the Center on Budget and Policy Priorities, http://www.cbpp.org/files/7-16-14sfp.pdf [3] “Balancing the Budget in a Conventional Way,” Milton S. Eisenhower, Wall Street Journal, January 17, 1985, http://www.metamind.us/cc/6/d1.pdf [3] “The Ultimate Argument Against an Article V Constitutional Convention,” Larry Greenly, The John Birch Society, http://www.jbs.org/legislation/the-ultimate-argument-against-an-article-v-[constitutional-convention [3] Why ERA Failed: Politics, Women’s Rights, and the Amending Process of the Constitution, Mary Frances Berry, Indiana University Press, 1988 [4] I learned that most of the money that comes back from legal action against foreign dumping goes to the manufacturers and their shareholders. John Bassett III used it to improve his factory, make better furniture and hire more workers. Opinions in this review are personal and do not necessarily represent those of the League. 32 Program Transportation continued: Please join us with your concerns about the coming school levies, and the “Best Start for Kids” property tax that may be funding social services in the county, along with the next and the next special levy that appears on the political horizon. The following is included per USPS periodical mailing regulations: The Voter November 2015 33 The Voter November 2015 Units Unit Meetings (Unit times and locations subject to change; please verify with unit leader.) Meetings are open to all. Unit Leader email Phone Time Monday, November 9 FIRST HILL – Adele Reynolds [email protected] 206-621-4867 10:00 a.m. Location Horizon House, Forum & Social Room 900 University St., Seattle SOUTH SEATTLE - Marian Wolfe and Vivian Montoya [email protected] 206-763-9430 7:00 p.m. Hostess: Susan Jones [email protected] 206-695-2620 5804 52nd Ave S, Seattle 206-725-2902 Tuesday, November 10 BELLEVUE/KIRKLAND/REDMOND – Bonnie Rimawi [email protected] 425-820-7127 12:00 p.m. Bellevue Library, Room 6 1111 110th Ave NE, Bellevue Wednesday, November 11 NORTHEAST SEATTLE (formerly View Ridge) – Kay Beck [email protected] 206-523-3127 12:45 p.m. Brig Bldg. (6344) in Magnuson Park 7400 Sand Point Way NE, Seattle th Directions: Go into the Park through North entrance at 74 and drive EAST toward water. At the STOP sign, turn LEFT to park in front of the Brig, or RIGHT, for more parking. There will be a speaker. QUEEN ANNE/MAGNOLIA/BALLARD EVENING - Kathy Pugh and Marlis Worthington [email protected] 503-580-1240 7:30 p.m. Magnolia United Church of Christ [email protected] 206-283-7147 3555 W McGraw St, Seattle Thursday, November 12 MERCER ISLAND – Cynthia Howe [email protected] 206-236-0593 9:30 a.m. UNIVERSITY HOUSE/WALLINGFORD 206-329-4848 10:00 a.m. Emmanuel Episcopal Church 4400 86th Ave SE, Mercer Island University House, Auditorium 4400 Stone Way N, Seattle 34 Units The Voter November 2015 (Unit times and locations subject to change; please verify with unit leader.) Unit Leader email Phone Time Location Thursday, November 12 SOUTHEAST KING COUNTY/ENUMCLAW - Cathy Dormaier [email protected] 360-802-6799 11:30 a.m. Black Diamond Bakery & Restaurant 32805 Railroad Ave, Black Diamond NORTH CENTRAL – Jan Orlando [email protected] 206-524-0936 2:00 p.m. Hostess: Gail Shurgot 6536 31st Ave NE, Seattle 206-522-8265 Monday, November 16 CAPITOL HILL/MONTLAKE – 206-329-4848 7:15 p.m. Tuesday, November 17 WEST SEATTLE – Ethel Williams/Pat Lane [email protected] 206-932-7887 1:00 p.m. [email protected] 206-932-1578 Wednesday, November 18 NORTH KING COUNTY – Toni Potter [email protected] 206-365-8949 9:15 a.m. Hostess: Linnea Hirst 1602 E McGraw St., Seattle 206-322-3076 Daystar Retirement Village 2615 SW Barton, Seattle Third Place Commons Mtg Room 17171 Bothell Way NE, Lake Forest Pk. SOUTHWEST KING COUNTY – Mary Ehlers and Kathy Jorgensen [email protected] 253-941-1930 7:00 p.m. Foundation House [email protected] 253-859-8349 32290 1st Ave S, Federal Way Thursday, November 19 ISSAQUAH – Margaret Austin [email protected] 425-392-5760 12:00 p.m. Coho Room, Issaquah City Hall 130 East Sunset Way, Issaquah Light lunch will be provided. Saturday, November 21 BALLARD/MAGNOLIA/QUEEN ANNE DAY – Alice Peterson [email protected] 206-524-5530 10:00 a.m. Hostess: Alice Peterson 5245 Pullman Ave NE, Seattle 35 The Voter November 2015 Board & Committee Contacts Term 2015-17 2015-16 2015-17 2015-17 2014-16 2014-16 2015-17 2014-16 2014-16 2015-17 2014-16 2015-17 2014-15 2014-15 2015-17 2014-15 2015-16 2015-16 2015-16 Executive Committee President Amanda Clark 206-329-4848 [email protected] 1st VP Ginna Owens 206-215-1408 [email protected] 2nd VP Janet Winans 206-550-6483 [email protected] Secretary Dora Taylor 206-329-4848 [email protected] Treasurer Cindy Piennett 206-329-4848 [email protected] Directors Membership Paneen Davidson 206-329-4848 [email protected] Voter Editor Katie Dudley 206-329-4848 [email protected] Action Pat Griffith 206-285-2452 [email protected] Director Julie Anne Kempf 206-329-4848 [email protected] Outreach Zara Kublin 206-329-4848 [email protected] Voter Services Amelia Woolley 206-329-4848 [email protected] Note: All board members listed above are also members of the Education Fund Board Education Fund Officers President Amanda Clark 206-329-4848 [email protected] 1st VP Ginna Owens 206-329-4848 [email protected] 2nd VP Janet Winans 206-329-4848 [email protected] Secretary Dora Taylor 206-329-4848 [email protected] Treasurer TBD 206-329-4848 [email protected] Nominating Committee Chair Ellen Barton 206-329-4848 [email protected] Carol Goldenberg 206-329-4848 [email protected] [email protected] Susan Jones 206-329-4848 Note: Two board members will be appointed to serve on the nominating committee. Off Board Positions Campaign Finance CIS Coordinator Jean Carlson Cynthia Howe Committees Climate Change Climate Change Economics & Taxation Economics & Taxation Education International Relations Social Justice Transportation Waterfront Judy Bevington Raelene Gold Nora Leech Laura Weese Joanna Cullen Carol Goldenberg Jayne Freitag Janet Winans Nancy & Charles Bagley 206-774-6649 206-236-0593 [email protected] [email protected] 206-329-8514 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 425-223-5827 206-550-6483 206-282-1578 Periodicals Postage Paid at Seattle, WA The League of Women Voters of Seattle-King County 1620 18th Ave, Suite 101 Seattle WA 98122 Moving? Let us know! Call the League office at (206) 329-4848 or email [email protected] LWV SEATTLE-KING COUNTY: Amending the Constitution: Decisions and Difficulties Thursday, November 5 6:30 p.m. - Doors open 7:00 p.m. - Forum begins Seattle First Baptist Church 1111 Harvard Ave (at Seneca) Seattle, WA Accessible entrance on Harvard Speakers: Paul Lawrence, Pacifica Law Group Alice Woldt, WAmend Janet Winans, LWVS-KC This forum is free and open to the public. Contents printed on recycled and/or sustainably harvested paper.
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